Mercado v. Wiley et al

Filing 166

ORDER granting 164 Plaintiff's Motion to Dismiss Party. Defendant Party Robert Hood terminated. by Chief Judge Wiley Y. Daniel on 8/19/09.(erv, ) (Modified on 8/20/2009 corrected typing error)(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 06-cv-02303-WYD-MJW RALPH MERCADO, Plaintiff, v. R. HOOD, M. BARBEE, MARK MASER, JOHN DOE #1, J. WADAS, H. TRAPP, R. CURRIN, RALPH SMITH, JOHN OR JANE DOE # 2, UNKNOWN CRAWFORD, UNKNOWN HAVERY, JOHN DOE # 3, Defendants. ORDER OF DISMISSAL OF DEFENDANT R. HOOD THIS MATTER is before the Court on Plaintiff's Motion to Remove R. Hood as a Defendant in this Civil Action (filed August 17, 2009). The motion seeks to dismiss Defendant R. Hood on the grounds that the requirements of the Court in its Recommendation on Defendant's motion to dismiss cannot be established. I conclude from my review of the file that the motion should be granted. Accordingly, it is ORDERED that Plaintiff's Motion to Remove R. Hood as a Defendant in this Civil Action is GRANTED. Defendant R. Hood is DISMISSED from this action and shall hereafter be taken off the caption.

Dated: August 19, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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